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Patna High CourtCR. MISC./13681/2017dismissed

Vijay Sah v. The State Of Bihar

2017-04-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13681 of 2017 Arising Out of PS.Case No. -214 Year- 2008 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Vijay Sah S/o Bazari Sah Resident of Village- Rewadih, P.S.- Saraiya, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner.

The petitioner is in custody in connection with Saraiya P.S.Case No. 214/2008 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of learned S.D.J.M (West), Muzaffarpur.

The petitioner is named in the FIR and he is the husband of the deceased.

It has been submitted on behalf of the petitioner that the dead body was taken out only after broken the door as she has committed suicide. So far other allegation is concerned, it is submitted that at the time of occurrence the petitioner was not in the village. It is also argued that he is in custody for about three months in connection with this case.

However, learned A.P.P. opposes the prayer for bail

Patna High Court Cr.Misc. No.13681 of 2017 (3) dt.18-04-2017 2/2 stating that the case is of the year 2008 and the petitioner has surrendered only on 05.12.2016.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner and the same is rejected.

However, the trial court is directed to expedite the trial.

(Vinod Kumar Sinha, J) singh/- U T